8 our breaking news a major break in the case. tonight at 11:00, an arrest in the sierra lamar disappearance. good evening, and thanks for joining purs i'm raj mathai. >>ean jessica aguirre. right out to the sheriff's department in santa clara, right now in san jose, where george kiriyama is standing by. george, we understand an arrest has been made. a 21-year-old man from morgan hill. >> reporter: that is correct, jessica. sheriff lori smith just arrived

a few minutes ago to addresshe s on this breaking news. sheriff lori smith in about 30 seconds about to give her assessment of what happened today and what to expect going forward. here is sheriff lori smith. she's about to give her statement. take it away. >> thank you. i just wanted to alert the media that we have arrested a suspect in the kidnapping of sierra lamar. his name is antolin garcia. we'll be doing a press conference tomorrow morning to provide more details but he has been arrested. >> sheriff, can you update -- >> sheriff can, you please answer the question this car is connected to antolin garcia. >> the car it's red car is the car that belongs to antolin garcia. >> sheriff, you can once again you have a suspect in arrest. can you tell us who is in custody and what he is being booked for at this hour? >> we have arrested antolin garcia torres. he's been represented for murder and kidnapping. he was booked a little earlier this evening and we're continuing the investigation.

>> sheriff, what is the connection between the suspect and sierra lamar. >> we'll save that for tomorrow but we have a lot of physical evidence that connects two the. >> part of that physical evidence is apparently this 1990's red volkswagen jetta. can you tell us more about that and the registered vehicle owner. >> he is the registered owner and we have the car and we were looking for anyone who had seen where that car was. we still need more information if there are any witnesses. >> you talked about physical evidence. there was some reports that there was dna evidence. can you talk to us about that. >> as far as dna and other physical evidence, we'll talk about that tomorrow. right now i think it's just important that we let you know that we have made an arrest and the person has been booked into jail. >> sheriff, have you talked to the family. >> why this evening? >> he was arrested today because this is how we thought that the

arrest should be done. and public safety's our main concern. we don't want anyone else hurt. we don't want anymore little girls taken. >> sheriff, have you reached out to the family, and what are they saying to you. >> this is very, very difficult for the family. family has been very, very supportive all along. they understand. we've kept them aprised with investigation. it's very difficult for them. tomorrow when with when we do the press conference the family will be there. >> been charged with murder, what does that say to you. >> he's been under surveillance for some time, and if so, for how long. >> again, we will address that tomorrow. he has been under surveillance and we'll fill you in a lot of the details when we do the press conference tomorrow. >> the fact that he's been charged for murder, what does that mean now is on he's been charged with murder. that means that we believe, we have probable cause to believe that he committed the kidnapping and murder of sierra lamar. >> and once again you said the physical evidence, not commenting on whether there is dna but did you find evidence in

that red jetta. >> we have evidence for the case and several source and again we'll let you know tomorrow. we not foundcyary yet and we're asking the public to continue. please look for her. please find sierra for us. >> any evidence in the car to suggest that is a era lamar is still alive? >> i think we have to do that tomorrow and fill you in those details, but no. >> no, you do not believe that she is alive? >> we're charging the suspect with murder. >> so, again, you can tell us how that arrest was affected of mr. antolin garcia torres and where? >> if you could give us until tomorrow morning. it's been a long day for urngs for our detectives. we'll have the family here tomorrow. we'll be better prepared than we are right now and we'll release everything that we can release to you. >> detectives have worked nonstop around clock. >> there's a lot of heroes in this department. our detectives are the heroes. the person who foreshowed at the scene is a hero that knew that this was not a runaway child. and our search and rescue team

that found the evidence that they found so early into the investigation. a lot of people have worked very hard and they've done a wonderful job. >> sheriff -- >> the only suspect -- >> we're done. >> the only suspect. >> i think we're done, okay. >> thank you, sheriff. >> that is the latest here -- >> all right, that was sheriff lori smith with the latest on the developing news that a suspect in the sierra lamar case has been arrested. and booked into the jail with murder and kidnapping. throw it back to you, jessica and raj. >> thank you very much, george. obviously the worst possible news this, this hearing. they do think that sierra lamar has been killed. this is not the news her family was expecting, all along hoping that sierra would come back alive and now we're hearing this 21-year-old man who wases arresd at the safeway store in morgan hill has been charged with one count of killing sierra and one

count of kidnapping. >> he's the registered owner of that red jet that they found and released to us and the public about a week or two ago, that's according to lori smith, the sheriff. probable cause, murder and kidnapping of sierra lamar, who's been missing since march 16th. so it's been about ten weeks since that's happened. our chief investigative reporter to tony kovaleski is here with us. >> reporter: telling us several days the sheriff's investigators were very close to making an arrestedselo close on the man w is responsible for the disappearance of sierra lamar. they had home a 24/7 watch. they were getting closer by the day and obviously with it culminatingent to and sheriff's department confirming that in morgan hill they made the arrest of antolin garcia torres the 21-year-old male from morgan hill. we've done background checks and also know that he has addresses in st. martin. disappeared march 16th on the

way to her school. series of searches of fields, creeks, local reservoirs not able to find the missing teen. the big raid came last week when the police took possession of that red volkswagen jetta. they made it known to the public, looking for more tips. and the car was seen in surveillance around the neighborhood around the time that lamar disappeared. again you heard the sheriff again talking about the fact they need more help. they have not located sierra lamar's body. reliable source told us last week that there was a dna match between that red car and sierra lamar's clothing and tonight 21-year-old antolin garcia torres is in custody. and this is the significant part about what you heard tonight. he is charged with that one count of murder, one count of kidnapping. this is the first time since sierra lamar has disappeared that the sheriff's department is confirming that is a era is not alive and charged of murder clearly says to investigators and the santa clara county district attorney tonight believe that sierra lamar is dead. raj, jess. >> tony kovaleski reporting from

our newsroom and this is yeah, shock news for so many people and we got to know the parents so well in the last two months. sheriff lori smith saying a few minutes ago that they will be -- they have obviously been notified and tomorrow morning they'll be at the news conference that the sheriff puts on. >> talking about what a difficult night this was for them that they'd been in contact with them and what a difficult night this has been for the sheriffs and the investigators who have been working on this who have become emotionally attached to this and also saying that that key evidence from those first few days when sierra's juicy bag was found with neatly folded clothing inside which was a key indicator for sheriffs about this investigation. we want to bring in our legal expert stephen clark, who has been working with us on this. he's our legal expert. stephen, let's go in right away to the fact that this man has been charged with murder. the sheriff now saying that they do believe sierra was killed. something that they have suspected all along? >> reporter: i definitely think so based on the nature of this case.

i think certainly everyone was hoping that sierra would come back home, but obviously murder is something that they were also thinking about, and the fact that this individual is charged both with the kidnapping and the murder at this point. assuming the d.a. files charges this will likely be a special circumstances case. could make him eligible for the death penalty. i think that decision will come much later when we learn more about this department. >> lori smith saying they are still looking for sierra, which means they do not have a body. they only have evidence. how hard is it to get a conviction on a murder case when you don't have a body? >> it's going to be on difficult but it has been done before. the hance riser case was a famous case no body. obviously the sheriff and the d.a.'s office are going to have to go with this without the forensic evidence of a body but i think they believe based on the fact that is a era just would not take off and leave like this that in fact she is dead and obviously the kidnapping and all of the other evidence associated with this case suggests that she was murdered and i believe they

can -- they will think that they can prove this beyond a reasonable doubt in court. >> obviously lori smith saying they've had this evidence for quite some time. it's been ten weeks since she's disappeared. what exactly are they waiting for in terms of domino effects legally speaking? >> reporter: i think they were conducting surveillance on this individual for a period of time. seeing if he made a mistake. piecing the case together. obviously you don't want to arrest the wrong person. i think they took their time in making this arrest. it was key. and obviously whether he made any statements associated with this case also was important but i'm sure they had him under surveillance for many months. >> they say they have some physical evidence in that car that belongs to antolin garcia torres. what kind of dna evidence would they need to make this kind of an arrest? >> reporter: well, they will probably find skin cell evidence, possibly other bodily mud evidence. that would be critical to this case because you need to tie this defendant to sierra lamar's

disappearance and to her clothing and i think they're going to piece this together circumstantially, both on that forensic evidence and other evidence in the case. so i think there's going to be more to come here. the sheriff has discussed that she will be making more statements tomorrow in all of the investigations that went on here and i think we'll see a much more comprehensive analysis of this case tomorrow by the sheriff's department. >> steve, one last question, do you think just from based from your years of experience that antolin garcia torres knew sierra lamar when this all happened? >> reporter: it's too hard to say that the point. there was certainly some random nature to this but it is possible that he knew her. i'm sure they were asking him about that. but it could just be a random kidnapping. that does happen. and unfortunately in this case it appears to be. so we don't know that yet. i'm sure they'll be looking into that. >> be a lot more to come tomorrow morning when the sheriff gives us another briefing and this time with the parents of sierra lamar. >> well, we've been talking to lori smith, the sheriff, from santa clara, talking about how

this arrest came down. we have something else to share with you that the sheriff told us just moments ago. >> what does that say? he he's been charged with murder. that means that we believe that we have probable cause to believe that he committed the kidnapping and murder of sierra lamar. >> again, you're listening to sheriff lori smith talk about the arrest of antolin garcia 21-year-old man taken into custody this evening apt the safeway store where in morgan hill on pennant avenue, where we believe the suspect worked. he's now connected to the disappearance of sierra lamar and tragically, we are learning that sheriff's department does believe sierra is dead. no body has been found. and they're urging the public to please continue to look for her so they can at least bring some peace of mind to her family. >> that's been the change in the case for so many weeks now. it's bane missing persons case and tonight the sheriff's department has confirmed it is murder and kidnapping at least accused of. also other news tonight you

have paid millions for them but years later they're still coming soon. our investigative une ko vakoi leski looks at what is holding up vta credit card readers. le

tonight we're learning that is aary lamar of morgan hill is considered to be dead. sheriff's department tonight representing the man they believe is the suspect in her case. antolin garcia torres. 21-year-old man from morgan hill. arrested this evening on a safeway store in morgan hill. sheriff's department called him the one and only suspect.

he's the owner of that red jetta. tonight police are telling us that dna links him to the disappearance of sierra lamar and he has in fact murdered sierra lamar. charged tonight, one count of murder, one count of kidnapping. tomorrow morning the sheriff's department will hold a news conference. more details will be revealed, and sierra lamar's distraught parents will be there. it has been two, long horrible months for their family. tonight they received the worst possible news. we have some other news tonight and only on nbc bay area, two years and $6 million later they're still not work. tonight our investigative unit is asking why vta's credit card readers are still not functional. chief investigative reporter tony kovaleski's following an intriguing paper trail. couple of issues here, tony. loss revenue and really what is the delay? >> reporter: well, raj,s vta says this delay has cost money both in lost ticket revenue and extra staff time.

tonight vta management embarrassed to admit, coming soon is still not here. >> reporter: big, bold signs reading "no cash, no worry, coming soon, debit credit card option." when somebody says "coming soon kwhats do you expect? >> i expect it soon. i expect for them to follow through. >> reporter: she rides vta every day. >> it's been a long time coming so soon is not soon enough if my opinion. >> there is the credit card is not -- they don't have it all installed yet. it's only carbor coins. >> he's a vta security guard answering our questions on hidden camera. >> when do you think it'll start working? >> they said they're going to start it last year, but i have no idea. >> and as you're about to see he's not alone. this contract signed in august of 200 fine started theprocess.

>> every time you go to take a price for a ticket it says oh no debit, no credit available and it's like, okay, what if i don't have cash on me? it's not going to work. >> a building frustration that also includes vta's own employees. >> didn't take my credit card. >> reporter: our investigation discovered a series of delays and management missteps inside vta. in fact, two years ago, vta's marketing department paid for those signs on machines at every platfor making that bold promise coming soon. >> it's been coming through from the past three years. >> reporter: investigative unit points to a severe missed deadlines. starting with this february 2010 memo, a vta staff member writes "we're looking to put debit/credit card processing

online by may of 2010." they missed that deadline, and then in october 2010, this memo reads "is there a definite date whether the credit cards will be activated?" a ranking vta manager responds simply "no." >> acceptable? >> no, i don't think so. >> reporter: he advocates for transit riders in the south bay. >> what is the message there? >> that they don't seem to have their acttogether. >> don't you think they'd make more money if they had those credit card machines running. >> of course. >> and that loss in revenue continues. this october 2010 newsletter told riders,orking debit credit card machines were "nearing completion." >> and haven't been able to fix it after three years? >> i guess. >> and then in may of 2011 with those signs still in place, this internal memo asks "what is the

eta on accepting credit cards on machines." a top manager responds, i would still guess nine months. taxpayer money has been paid vendors to produce a system that would take credit cards. >> yes. >> and it's still not working. >> that's correct. >> general manager michael burns is vta's highest powered and highest paid executive. he's trying to explain why after two years and more than $6 million vta riders still need cash to ride the light rail. you've got two years of memos saying this is going to happen and it still hasn't happened. is that a failure? >> well, it's clearly a problem. >> reporter: and this may 2010 memo exposes a clear lack of confidence inside vta during the early stages. referring to the coming soon signs that reads "i don't think we will be accepting credit/debit cards before fall," and in bracket it says "i won't say which year." it concludes "i guess it depends

on what your definition of soon is." >> what does "coming soon" mean to you. >> coming soon -- >> a month, two months? >> soon. >> whatever soon is. >> so if you're saying that it was probably a mistake to put those "coming soon" signs up, i would say you were right. we shouldn't have done that. we should have waited until we were totally sure that it would be coming soon. >> reporter: vta's general manager says problems with software and difficulties in meeting credit card security standards are partial 3 blame for the nearly three years of delays. leaving regular riders pushing for a quicker fix. >> it is a little frustrating. personally, i wish it had happened sooner. i wish we did have it now. >> ultimately millions of tax dollars later, vta has failed to meet riders' expectations. the very same riders who can use their credit and debit cards to

buy tickets on b.a.r.t., caltrain and san francisco muni. but i can't at vta. >> you'll be able to in august. >> coming soon. >> august. >> coming soon. >> august. >> reporter: now as we have reported vta has the highest fare rate in the region. they believe the nonfunctional credit card machines are contributing to the increased number of free riders on light rail. also vta tells us none of the delays has been caused by the private company contract to install the credit card equipment. and finally the message remains, coming soon, the new deadline date is august. and raj, we will followup. >> all right coming soon, indeed. thank you, tony. if you have a tip for our investigative unit just call us. you can see the number right there 888-996-tips or direct to the unit at nbc bay area.com. >> let's check this with jeff

ranieri seeing what the night is holding for us. >> the temperatures have cooled off. you it's not as windy out there right now at least around the south bay. 64 in sunnyvale and 62 in san jose. but as this cold front dealt with today continues to move off towards the east the setup is going to be in prime location here as we head primarily into tuesday and also wednesday. it will be windiest at the coastline for tuesday. then by wednesday everyone will be getsing in on these gustier winds and with that wind coming right out of the north, it should also give us some sunny afternoons. so if you can deal with the wind, not too much bad weather coming our way over, you know, tuesday and also wednesday. butz allergy forecast is going to be a way up here. moderate to high levels every atmosphere across the bay area. a tough go for us as we head into tomorrow. 55 in san jose. 52 in fremont. 51 in redwood city and 52 in san francisco. daytime highs topping out near our seasonal averages in the south bay. 77 san jose. 88 in the valley. 72 in santa cruz. on your three-day forecast, it stays near 80 inland.

tuesday and wednesday, getting on some cooler weather on wednesday but it will warm back up just in time for this weekend. saturday and sunday, upper 70s to near 80 as the golden gate bridge turns 75. mid 60s out near the bridge and possibly a little bit of fog and as we head into memorial day on monday, so far it looks like a dry start to next week. and of course morning time at nbcbayarea.com. >> thank you, jeff. disappearance, murder and suspect in custody in the sierra lamar case. tonight sheriff's department what they told us just moments ago and whyome.n'isming home. [ creaking ] [ male announcer ] trophies and awards lift you up. but they can also hold you back. unless you ask, what's next? [ zapping ] [ clang ] this is the next level of performance. the next level of innovation. the next rx.

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kaiser permanente. thrive. he was arrested today because we thought how this arrest should be done and public safety's our main concern. we don't want anyone else hurt. we don't want anymore little girls taken. >> soc comments from santa clara county sheriff lori smith a few

moments ago. you may have heard at the top of our newscastcyary lamar dead for about ten weeks now. have been turning out, hundreds of volunteers searching for the 15-year-old missing girl and once again she is presumed dead. 21-year-old antolin garcia torres of morgan hill is in custody tonight. no longer is this a missing persons case. instead a murder case. one count murder and one count of kidnapping is what he's being carged from. 21-year-old antolin garcia torres. right now no real criminal history in terms of his background but he is in jail tonight for the murder and kidnapping of the 15-year-old morgan hill. once again parents will be there at a ns conference tomorrow morning at 8 clor:00 a.m. even details on this case. we have more information from the sheriff's department next when we return. ♪

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♪ ♪ [ transforming sounds ] [ male announcer ] transformers. the ride. ride it at universal studios hollywood. there has been an arrest tonight in the sierra lamar case

is spreading fast. on the family facebook page already tonight an outpour be of grief from people who have been closely following this case. we're hearing from people jessica alvarez saying not a good outcome. my heart goes out to the family. people already grieving the loss of this young girl after sheriff lori smith announced that this case has gone from disappearance to murder case. antolin garcia torres tonight charged with one count of murder, one count kidnapping. >> an emotional night for so many people. go live now back outside to nbc bay area's george kiriyama. george. >> this is a huge development. we've been following this case for more than two months. very emotional for all of the families especially all of the volunteers and the community briefing at this moment. sheriff lori smith joining us live once again. sheriff, this must be also an emotional moment for you as well as the department. >> it is. our detectives have worked really hard. done a great job. there have been countless hours from volunteers, from our staff, it's never good when you come to

the resolution that a child is dead. and that's very difficult for us. and i can't imagine what the family is going through. but bringing justice is important. >> reporter: obviously this case has taken more than two months. as so many leads. what was the one moment, crucial moment, where you said i think we have our guy? >> we will comment tomorrow, more on that. we won't release everything that we have. but i think that we need to make sure that we've put it out at the same time but all of our information is well thought out and so we'll do the press conference tomorrow morning. >> great sheriff lori smith, thank you for your time. >> thanks. >> reporter: that's our latest here from santa clara county sheriff's department. we'll have more after these messages.

it has been an emotional evening for so many people and tomorrow morning should be once again emotional when they give us more details, but sierra lamar presumed dead. grew up in fremont and morgan hill. a 21-year-old male man is in custody tonight, one count murder and one count kidnapping. >> we'll be there at the news conference tomorrow morning 8:a.m. sierra's family is expected to be there as well. tonight we offer our condolences to the lamar family.

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